Ohio Rev. Code » Chapter 3903
Ohio Revised Code

Ohio Rev. Code § 3903.18 (2026)

Liquidation orders

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
March 7, 1983
Latest Legislation:
House Bill 830 - 114th General Assembly
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(A) An order to liquidate the business of a domestic insurer shall appoint the superintendent of insurance and his successors in office as liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The liquidator shall be vested by operation of law with the title to all of the property, contracts, and rights of action and all of the books and records of the insurer ordered liquidated, wherever located, as of the entry of the final order of liquidation.

Third persons dealing with the interest of the insurer in real property in a county are charged with notice of the pendency of an action for liquidation of the insurer when a complaint for liquidation of the insurer is filed in the court of common pleas of that county or when a certified copy of the complaint is filed with the clerk of that county under Civil Rule 3(F).

Third persons dealing with the interest of the insurer in real property in a county are charged with notice of the order for liquidation when the judgment ordering liquidation is filed under Civil Rule 58, or a certified copy of the judgment is filed under Civil Rule 3(F), with the clerk of the court of common pleas of that county.

Third persons dealing with the interest of the insurer in other types of property are charged with notice of the pendency of the action for liquidation when the complaint is filed in the court of common pleas, or when a certified copy of the complaint is filed under Civil Rule 3(F) with the clerk of the court of common pleas, of the county in which the principal business of the company is conducted or in which its principal office or place of business is located. Such persons are charged with notice of the judgment ordering liquidation when the judgment is filed under Civil Rule 58, or a certified copy of the judgment is filed under Civil Rule 3(F), with the clerk of the court of common pleas of the county in which the principal business of the company is conducted or in which its principal office or place of business is located.

(B) Upon issuance of the order, the rights and liabilities of any such insurer and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the date of entry of the order of liquidation, except as provided in sections 3903.19 and 3903.37 of the Revised Code.

(C) An order to liquidate the business of an alien insurer domiciled in this state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer, except that the assets and the business in the United States shall be the only assets and business included therein.

(D) At the time of filing the complaint for an order of liquidation, or at any time thereafter, the superintendent may file a motion for a judicial declaration of the insurer's insolvency. After providing such notice and hearing as it considers proper, the court may make the declaration.

(E) Any order issued under this section shall require accounting to the court by the liquidator. Accountings shall be at such intervals as the court specifies in its order.
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1987–2021 · leading case: Taylor v. Ernst & Young, L.L.P., 2011-Ohio-5262, 130 Ohio St. 3d 411.
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Taylor v. Ernst & Young, L.L.P., 2011-Ohio-5262, 130 Ohio St. 3d 411. · cites it 4× “When issued, a final order for liquidation appoints the superintendent as liquidator and directs her to use her broad, statutory powers to marshal assets of the insolvent insurer in the liquidation court and to administer the assets under the general supervision of that court.”
Hudson v. Petrosurance, Inc., 2010-Ohio-4505, 936 N.E.2d 481. · cites it 2× “R.C. 3903.18(A) and 3903.43(A). {¶ 17} R.”
Benjamin v. Pipoly, 800 N.E.2d 50 (Ohio Ct. App. 10th Dist. 2003). · cites it 3× “The Fabe court determined that “only if compelling arbitration would somehow interfere with the liquidator’s powers under R.C. 3903.18 and 3903.21 could such a contractual arbitration provision be held to be unenforceable in liquidation proceedings.”
Boedeker v. Rogers, 746 N.E.2d 625 (Ohio Ct. App. 8th Dist. 2000). · cites it 3× “18(A) states: “An order to liquidate the business of a domestic insurer shall appoint the superintendent of insurance and his successors in office as liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under…”
Hudson v. Ernst & Young, L.L.P., 937 N.E.2d 585 (Ohio Ct. App. 10th Dist. 2010). · cites it 3× “We determined that “only if compelling arbitration would somehow interfere with the liquidator’s powers under R.C. 3903.18 and 3903.21 could such a contractual arbitration provision be held unenforceable in liquidation proceedings.”
William Powell Co. v. Nat'l Indem. Co., 18 F.4th 856 (6th Cir. 2021). “20 with Ohio Rev. Code § 3903.18. And Ohio courts have applied § 3903.”
Benjamin v. Ernst & Young, L.L.P., 855 N.E.2d 128 (Ohio Ct. App. 10th Dist. 2006). “R.C. 3903.18(A). The liquidator holds the assets on behalf of, and for the benefit of, the members, policyholders, shareholders, and creditors of the insolvent insurer, not for the benefit of the state of Ohio.”
George Fabe v. United States Dep't of the Treasury Mitchell A. Levine, 939 F.2d 341 (6th Cir. 1991). “Ohio Rev.Code § 3903.18(A). Within such liquidation Ohio Rev.”
State v. Ramos, 534 N.E.2d 885 (Ohio Ct. App. 3d Dist. 1987). “27-9-3-7; accord R.C. 3903.18(A). The liquidator may institute timely actions in other jurisdictions, and may prosecute “in the name of the insurer, or in his own name, all suits and other legal proceedings, in Indiana or elsewhere.”
Fabe v. Columbus Ins., 587 N.E.2d 966 (Ohio Ct. App. 10th Dist. 1990). · cites it 3× “04(E) does provide that all actions commenced under R.C.”
Fabe v. Am. Druggists' Ins. Co., 591 N.E.2d 835 (Ohio Ct. App. 10th Dist. 1990). “The Liquidator has no greater rights in the proceeds than ADIC, see R.C. 3903.18(A), whose rights are subject to the express terms of the Letter of Credit.”
Hudson v. Am. Chambers Life Ins., 950 N.E.2d 978 (Ohio Ct. App. 10th Dist. 2011). · cites it 4× “{¶ 16} In the second argument presented under her assignment of error, appellant argues that the liquidator should have applied R.C. 3903.18(B) instead of R.C. 3903.36(D).”
Show all 13 citing cases →
Ohio Rev. Code § 3903.18(A): 10 cases
Taylor v. Ernst & Young, L.L.P., 2011-Ohio-5262, 130 Ohio St. 3d 411. “When issued, a final order for liquidation appoints the superintendent as liquidator and directs her to use her broad, statutory powers to marshal assets of the insolvent insurer in the liquidation court and to administer the assets under the general supervision of that court.”
Hudson v. Petrosurance, Inc., 2010-Ohio-4505, 936 N.E.2d 481. “R.C. 3903.18(A) and 3903.43(A). {¶ 17} R.”
Benjamin v. Pipoly, 800 N.E.2d 50 (Ohio Ct. App. 10th Dist. 2003). “The Fabe court determined that “only if compelling arbitration would somehow interfere with the liquidator’s powers under R.C. 3903.18 and 3903.21 could such a contractual arbitration provision be held to be unenforceable in liquidation proceedings.”
Boedeker v. Rogers, 746 N.E.2d 625 (Ohio Ct. App. 8th Dist. 2000). “18(A) states: “An order to liquidate the business of a domestic insurer shall appoint the superintendent of insurance and his successors in office as liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under…”
Hudson v. Ernst & Young, L.L.P., 937 N.E.2d 585 (Ohio Ct. App. 10th Dist. 2010). “We determined that “only if compelling arbitration would somehow interfere with the liquidator’s powers under R.C. 3903.18 and 3903.21 could such a contractual arbitration provision be held unenforceable in liquidation proceedings.”
Ohio Rev. Code § 3903.18(B): 1 case
Hudson v. Am. Chambers Life Ins., 950 N.E.2d 978 (Ohio Ct. App. 10th Dist. 2011). “{¶ 16} In the second argument presented under her assignment of error, appellant argues that the liquidator should have applied R.C. 3903.18(B) instead of R.C. 3903.36(D).”
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